Ex parte BROWNLEE et al. - Page 12




              Appeal No. 1999-1551                                                                                        
              Application No. 08/547,736                                                                                  


                     Accordingly, we will not sustain the rejection of claims 7 and 8 under 35 U.S.C.                     
              § 103.                                                                                                      


                     With regard to claims 11-13, specifying the particular type of digital cordless radio                
              telephone system (claim 11-DECT; claim 12-WCPE and claim 13-PHS), appellants admit                          
              that Connolly discloses a DECT radio telephone system so it is unclear how the limitations                  
              of claim 11 are being argued by appellants.  With regard to claims 12 and 13, appellants’                   

              argument is only that Connolly does not expressly mention a WCPE (Wireless Customer                         

              Premises Equipment) or a PHS (Personal Handyphone System).  However, the rejection                          
              is based on 35 U.S.C. § 103 and appellants’ “argument” that the reference does not                          

              expressly mention these types of systems fails to indicate why the use of the invention in                  

              these different types of radio telephone systems would not have been “obvious” in view of                   
              Connolly’s teaching of a DECT system and in view of the artisan’s familiarity with WCPE                     
              and PHS systems.                                                                                            


                     Accordingly, in view of appellants’ unconvincing argument, we will sustain the                       
              rejection of claims 11-13 under 35 U.S.C. § 103.                                                            


                     We have reviewed appellants’ arguments with regard to independent claim 20 but                       


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